Finkelstein v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*123Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered March 1, 2006, which denied petitioner’s application to annul respondents’ determination denying an accidental disability retirement, and dismissed the petition, unanimously affirmed, without costs.
The Medical Board’s finding that petitioner is not disabled is supported by some credible evidence (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760-761 [1996]), including its own physical examinations of petitioner (see Matter of Goffred v Kelly, 13 AD3d 72 [2004]) showing normal…
2Cases cited2 opinions
- Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
- Goffred v. KellyAppellate Division of the Supreme Court of the State of New York · 2004